A video statement? And one ticked off lawyer.
Interesting indeed. A lot to unpack.
13 Likes
So much for an insurance settlement.
13 Likes
and here is something for those of you who are still saying discovery is harassment.
“Discovery is not “harassment”. Discovery is a legal tool used in every case to learn about
the claims and evidence in Plaintiff’s possession. SGF is still waiting to learn what Kanarek
believes is: 1) the standard of care owed; 2) the alleged duty owed to Kanarek; 3) how SGF
breached that duty; and 4) what SGF could have done differently. When balancing SGF’s
1 SGF still takes any legitimate COVID concerns very seriously. As stated in its initial moving papers, its conference room can safely social distance all involved. MRS-L-002250-19 09/06/2022 10:46:58 AM Pg 3 of 5 Trans ID: LCV20223181029 {02881492.DOCX;1 }absolute right to confront its accuser in person against Plaintiff’s unsupported claim of inconvenience, SGF should win that balancing test every time.”
33 Likes
Sure does sound like they want to settle, doesn’t it?
9 Likes
SGF is seeking to treat Plaintiff like every other Plaintiff who files a lawsuit. By refusing
to appear for an in-person deposition, Kanarek is seeking special treatment. Kanarek is not
above the law, and she does not get to re-write the New Jersey Rules of Court for her own
convenience. If she does not want to appear for deposition, then she should dismiss her lawsuit.
31 Likes
Yep, it sure does…
3 Likes
This is just too rich.
"As to Plaintiff’s “backup position” and her request that an in-person deposition take place
in Plaintiff’s counsel’s offices, SGF opposes that request. SGF might have been amenable to
such a request before Plaintiff made SGF expend resources on this motion. It is not inclined to
do so now. More importantly, however, is the fact that the number of exhibits keeps growing by
the day. Just last week, SGF received, via subpoena, 38,000+ additional pages of public bulletin
board material containing hundreds of additional statements made by Kanarek about this
incident. As of right now, Kanarek will be questioned on documents, audio recordings and a
video statement that she made. SGF knows all various types of media can easily be displayed at
deposition in its counsel’s office. It cannot be assured of same at Plaintiff’s counsel’s office.
Moreover, all of the exhibits are already at the offices of Schenck Price and SGF should not have
to incur the hassle and expense of moving them in and out of Nagel Rice’s office on multiple
days when Plaintiff’s threshold argument is that she is not even willing to show up for her own
deposition. MRS-L-002250-19 09/06/2022 10:46:58 AM Pg 4 of 5 Trans ID: LCV20223181029
{02881492.DOCX;1 }Lastly, on the topic of “showing up”, Plaintiff had the temerity to allege that statementsmade by SGF in its moving paper were inaccurate. As this Court has known for years and as Plaintiff will quickly learn, the undersigned counsel does not make statements that are not
supported by evidence. Specifically, in its initial brief, SGF’s wrote that “the Morris County
Prosecutor’s Office had to ask the Court systems of the State of New Jersey and the State of
Florida to issue a subpoena compelling Kanarek’s in-person appearance at Barisone’s criminal
trial”. Plaintiff claims that statement is untrue. Submitted for the Court review is an Order to
Show Cause issued by a Judge in Palm Beach County, Florida referencing the aforementioned
application by the State of New Jersey for a subpoena compelling attendance. See Supp. Silver
Cert. at Exhibit 2. Once again, the New Jersey Rules of Court and the laws of the State of New Jersey apply to everyone equally and Ms. Kanarek should be compelled to appear in New Jersey for an inperson deposition at SGF counsel’s office.
Respectfully submitted,
/s/ Mark K. Silver
Mark K. Silver, Esq.
Dated: September 6, 202
27 Likes
You forgot the part about where every fact of the case was “in dispute”…
9 Likes
It’s beautifully written, isn’t it?
30 Likes
I particularly was tickled with this
Lastly, on the topic of “showing up”, Plaintiff had the temerity to allege that statements made by SGF in its moving paper were inaccurate. As this Court has known for years and as Plaintiff will quickly learn, the undersigned counsel does not make statements that are not supported by evidence. Specifically, in its initial brief, SGF’s wrote that “the Morris County Prosecutor’s Office had to ask the Court systems of the State of New Jersey and the State of Florida to issue a subpoena compelling Kanarek’s in-person appearance at Barisone’s criminal trial”. Plaintiff claims that statement is untrue. Submitted for the Court review is an Order to Show Cause issued by a Judge in Palm Beach County, Florida referencing the aforementioned application by the State of New Jersey for a subpoena compelling attendance. See Supp. Silver Cert. at Exhibit 2.
So much for throwing poo at a wall to see what sticks
28 Likes
I should have just copied the whole darn thing, right! I love good legal writing and law interpretation, makes me giddy.
18 Likes
Me too!
3 Likes
Yes. It is a beautiful piece of legal writing.
6 Likes
Wow! They handed Nagel’s fanny on a platter right back at him! “SHE DOESN’T WANT TO!”
21 Likes
Oh my, that is absolutely glorious - thank you so much for linking it. Buy that legal counsel a drink!
29 Likes
Ah, thanks. I have not had a chance to look at those yet.
1 Like
38,000+ paged of bulletin board posts by Kanarek!!! Holy cow!!!
21 Likes
New BB posts. New!
14 Likes
